HB 0295

1	A bill to be entitled
2	An act relating to fleeing or attempting to elude a law
3	enforcement officer; amending s. 316.1935, F.S.; providing
4	an additional classification for the offense of fleeing or
5	attempting to elude a law enforcement officer; providing
6	an additional classification for the offense of aggravated
7	fleeing or eluding; providing and revising elements of the
8	offenses; providing and revising criminal penalties for
9	the offenses of fleeing or attempting to elude a law
10	enforcement officer and aggravated fleeing or eluding with
11	serious bodily injury or death; providing for a minimum
12	period of incarceration in certain circumstances involving
13	serious bodily injury or death; providing for seizure and
14	forfeiture of certain motor vehicles as contraband in
15	certain circumstances; amending s. 921.0022, F.S.; ranking
16	and revising fleeing or attempting to elude a law
17	enforcement officer offense classifications on the offense
18	severity ranking chart of the Criminal Punishment Code;
19	ranking the offense of aggravated fleeing or eluding with
20	serious bodily injury or death on the offense severity
21	ranking chart of the Criminal Punishment Code; reenacting
22	ss. 318.17(1) and 322.61(1)(d), F.S.; incorporating the
23	amendment to s. 316.1935, F.S., in references thereto;
24	providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Section 316.1935, Florida Statutes, is amended
29	to read:
30	316.1935  Fleeing or attempting to elude a law enforcement
31	officer; aggravated fleeing or and eluding.--
32	(1)  It is unlawful for the operator of any vehicle, having
33	knowledge that he or she has been ordered to stop such vehicle
34	by a duly authorized law enforcement officer, willfully to
35	refuse or fail to stop the vehicle in compliance with such order
36	or, having stopped in knowing compliance with such order,
37	willfully to flee in an attempt to elude the officer, and a
38	person who violates this subsection commits a felony misdemeanor
39	of the third first degree, punishable as provided in s. 775.082,
40	or s. 775.083, or s. 775.084.
41	(2)  Any person who willfully flees or attempts to elude a
42	law enforcement officer in an authorized law enforcement patrol
43	vehicle, with agency insignia and other jurisdictional markings
44	prominently displayed on the vehicle, with siren and lights
45	activated commits a felony of the third degree, punishable as
46	provided in s. 775.082, s. 775.083, or s. 775.084.
47	(3)  Any person who willfully flees or attempts to elude a
48	law enforcement officer in an authorized law enforcement patrol
49	vehicle, with agency insignia and other jurisdictional markings
50	prominently displayed on the vehicle, with siren and lights
51	activated, and during the course of the fleeing or attempted
52	eluding:
53	(a)  Drives at high speed, or in any manner which
54	demonstrates a wanton disregard for the safety of persons or
55	property, commits a felony of the second degree, punishable as
56	provided in s. 775.082, s. 775.083, or s. 775.084.
57	(b)  Drives at high speed, or in any manner which
58	demonstrates a wanton disregard for the safety of persons or
59	property, and causes serious bodily injury or death to another
60	person, including any law enforcement officer involved in
61	pursuing or otherwise attempting to effect a stop of the
62	person's vehicle, commits a felony of the first degree,
63	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
64	Notwithstanding any other provision of law, the court shall
65	sentence any person convicted of committing the offense
66	described in this paragraph to a mandatory minimum sentence of 3
67	years imprisonment. Nothing in this paragraph shall prevent a
68	court from imposing a greater sentence of incarceration as
69	authorized by law.
70	(4)  Any person who, in the course of unlawfully leaving or
71	attempting to leave the scene of a crash in violation of s.
72	316.027 or s. 316.061, having knowledge of an order to stop by a
73	duly authorized law enforcement officer,:
74	(a)  willfully refuses or fails to stop in compliance with
75	such an order, or having stopped in knowing compliance with such
76	order, willfully flees in an attempt to elude such officer; and,
77	(b)  as a result of such fleeing or eluding:,
78	(a)  Causes injury to another person or causes damage to
79	any property belonging to another person, commits aggravated
80	fleeing or eluding, a felony of the second degree, punishable as
81	provided in s. 775.082, s. 775.083, or s. 775.084.
82	(b)  Causes serious bodily injury or death to another
83	person, including any law enforcement officer involved in
84	pursuing or otherwise attempting to effect a stop of the
85	person's vehicle, commits aggravated fleeing or eluding with
86	serious bodily injury or death, a felony of the first degree,
87	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
88
89	The felony of aggravated fleeing or eluding and the felony of
90	aggravated fleeing or eluding with serious bodily injury or
91	death constitute constitutes a separate offenses offense for
92	which a person may be charged, in addition to the offenses under
93	ss. 316.027 and 316.061, relating to offense of unlawfully
94	leaving the scene of a crash, which the person had been in the
95	course of committing or attempting to commit when the order to
96	stop was given. Notwithstanding any other provision of law, the
97	court shall sentence any person convicted of committing
98	aggravated fleeing or eluding with serious bodily injury or
99	death to a mandatory minimum sentence of 3 years imprisonment.
100	Nothing in this subsection shall prevent a court from imposing a
101	greater sentence of incarceration as authorized by law.
102	(5)  The court shall may revoke, for a period not less than
103	to exceed 1 year nor exceeding 5 years, the driver's license of
104	any operator of a motor vehicle convicted of a violation of
105	subsection (1), subsection (2), subsection (3), or subsection
106	(4).
107	(6)  Notwithstanding s. 948.01, no court may suspend,
108	defer, or withhold adjudication of guilt or imposition of
109	sentence for any violation of this section. A person convicted
110	and sentenced to a mandatory minimum term of incarceration under
111	paragraph (3)(b) or paragraph (4)(b) is not eligible for
112	statutory gain-time under s. 944.275 or any form of
113	discretionary early release, other than pardon or executive
114	clemency or conditional medical release under s. 947.149, prior
115	to serving the mandatory minimum sentence.
116	(7)  Any motor vehicle involved in a violation of this
117	section is deemed to be contraband, which may be seized by a law
118	enforcement agency and is subject to forfeiture pursuant to ss.
119	932.701-932.704. Any vehicle not required to be titled under the
120	laws of this state is presumed to be the property of the person
121	in possession of the vehicle.
122	Section 2.  Paragraphs (a), (c), (d), (e), (g), and (h) of
123	subsection (3) of section 921.0022, Florida Statutes, are
124	amended to read:
125	921.0022  Criminal Punishment Code; offense severity
126	ranking chart.--
127	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
128
	(a)  LEVEL 1
129
	24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
130
	212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
131
	212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
132
	316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
133
	319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
134
	319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
135
	320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
136
	322.212(1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.
137
	322.212(4) 3rd Supply or aid in supplying unauthorized driver's license or identification card.
138
	322.212(5)(a) 3rd False application for driver's license or identification card.
139
	370.13(2)(c)1. 3rd Molest any stone crab trap, line, or buoy which is property of licenseholder.
140
	370.135(1) 3rd Molest any blue crab trap, line, or buoy which is property of licenseholder.
141
	372.663(1) 3rd Poach any alligator or crocodilia.
142
	414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200.
143
	414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
144
	443.071(1) 3rd False statement or representation to obtain or increase unemployment compensation benefits.
145
	509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
146
	517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
147
	562.27(1) 3rd Possess still or still apparatus.
148
	713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
149
	812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
150
	812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
151
	815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
152
	817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
153
	817.569(2) 3rd Use of public record or public records information to facilitate commission of a felony.
154
	826.01 3rd Bigamy.
155
	828.122(3) 3rd Fighting or baiting animals.
156
	831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
157
	831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
158
	832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
159
	832.05(2)(b)&(4) (c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
160
	838.15(2) 3rd Commercial bribe receiving.
161
	838.16 3rd Commercial bribery.
162
	843.18 3rd Fleeing by boat to elude a law enforcement officer.
163
	847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
164
	849.01 3rd Keeping gambling house.
165
	849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
166
	849.23 3rd Gambling-related machines; "common offender" as to property rights.
167
	849.25(2) 3rd Engaging in bookmaking.
168
	860.08 3rd Interfere with a railroad signal.
169
	860.13(1)(a) 3rd Operate aircraft while under the influence.
170
	893.13(2)(a)2. 3rd Purchase of cannabis.
171
	893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
172
	934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
173
	(c)  LEVEL 3
174
	119.10(3) 3rd Unlawful use of confidential information from police reports.
175
	316.066(3)(d)-(f) 3rd Unlawfully obtaining or using confidential crash reports.
176
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
177
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
178
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
179
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
180
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
181
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
182
	327.35(2)(b) 3rd Felony BUI.
183
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
184
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
185
	370.12(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
186
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
187
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
188
	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
189
	440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation claims.
190
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
191
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
192
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
193
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
194
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
195
	697.08 3rd Equity skimming.
196
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
197
	796.05(1) 3rd Live on earnings of a prostitute.
198
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
199
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
200
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
201
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
202
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
203
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
204
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
205
	817.233 3rd Burning to defraud insurer.
206
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
207
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
208
	817.236 3rd Filing a false motor vehicle insurance application.
209
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
210
	817.413(2) 3rd Sale of used goods as new.
211
	817.505(4) 3rd Patient brokering.
212
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
213
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
214
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
215
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
216
	843.19 3rd Injure, disable, or kill police dog or horse.
217
	860.15(3) 3rd Overcharging for repairs and parts.
218
	870.01(2) 3rd Riot; inciting or encouraging.
219
	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
220
	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
221
	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
222
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
223
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
224
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
225
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
226
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
227
	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
228
	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
229
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
230
	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
231
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
232
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
233
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
234
	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
235
	(d)  LEVEL 4
236
	316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a marked patrol vehicle with siren and lights activated.
237
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
238
	499.0051(2) 3rd Failure to authenticate pedigree papers.
239
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
240
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
241
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
242
	784.075 3rd Battery on detention or commitment facility staff.
243
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
244
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
245
	784.081(3) 3rd Battery on specified official or employee.
246
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
247
	784.083(3) 3rd Battery on code inspector.
248
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
249
	787.03(1) 3rd Interference with custody; wrongly takes child from appointed guardian.
250
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
251
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
252
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
253
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
254
	790.115(2)(c) 3rd Possessing firearm on school property.
255
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
256
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
257
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
258
	810.06 3rd Burglary; possession of tools.
259
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
260
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
261
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
262
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
263
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
264
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
265
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
266
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
267
	837.02(1) 3rd Perjury in official proceedings.
268
	837.021(1) 3rd Make contradictory statements in official proceedings.
269
	838.022 3rd Official misconduct.
270
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
271
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
272
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
273
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
274
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
275
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
276
	893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
277
	914.14(2) 3rd Witnesses accepting bribes.
278
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
279
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
280
	918.12 3rd Tampering with jurors.
281
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
282
	(e)  LEVEL 5
283
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
284
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
285
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
286
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
287
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
288
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
289
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
290
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
291
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
292
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
293
	790.01(2) 3rd Carrying a concealed firearm.
294
	790.162 2nd Threat to throw or discharge destructive device.
295
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
296
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
297
	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
298
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
299
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
300
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
301
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
302
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
303
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
304
	812.131(2)(b) 3rd Robbery by sudden snatching.
305
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
306
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
307
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
308
	817.2341(1),(2) (a)&(3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
309
	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
310
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
311
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
312
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
313
	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
314
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
315
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
316
	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
317
	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
318
	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
319
	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
320
	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
321
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
322
	(g)  LEVEL 7
323
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
324
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
325
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
326
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
327
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
328
	409.920(2) 3rd Medicaid provider fraud.
329
	456.065(2) 3rd Practicing a health care profession without a license.
330
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
331
	458.327(1) 3rd Practicing medicine without a license.
332
	459.013(1) 3rd Practicing osteopathic medicine without a license.
333
	460.411(1) 3rd Practicing chiropractic medicine without a license.
334
	461.012(1) 3rd Practicing podiatric medicine without a license.
335
	462.17 3rd Practicing naturopathy without a license.
336
	463.015(1) 3rd Practicing optometry without a license.
337
	464.016(1) 3rd Practicing nursing without a license.
338
	465.015(2) 3rd Practicing pharmacy without a license.
339
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
340
	467.201 3rd Practicing midwifery without a license.
341
	468.366 3rd Delivering respiratory care services without a license.
342
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
343
	483.901(9) 3rd Practicing medical physics without a license.
344
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
345
	484.053 3rd Dispensing hearing aids without a license.
346
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
347
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
348
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
349
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
350
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
351
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
352
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
353
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
354
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
355
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
356
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
357
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
358
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
359
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
360
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
361
	784.081(1) 1st Aggravated battery on specified official or employee.
362
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
363
	784.083(1) 1st Aggravated battery on code inspector.
364
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
365
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
366
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
367
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
368
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
369
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
370
	796.03 2nd Procuring any person under 16 years for prostitution.
371
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
372
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
373
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
374
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
375
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
376
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
377
	812.014(2)(a) 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
378
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
379
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
380
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
381
	812.131(2)(a) 2nd Robbery by sudden snatching.
382
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
383
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
384
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
385
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
386
	817.2341(2)(b)& (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
387
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
388
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
389
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
390
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
391
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
392
	838.015 2nd Bribery.
393
	838.016 2nd Unlawful compensation or reward for official behavior.
394
	838.021(3)(a) 2nd Unlawful harm to a public servant.
395
	838.22 2nd Bid tampering.
396
	872.06 2nd Abuse of a dead human body.
397
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
398
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
399
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
400
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
401
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
402
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
403
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
404
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
405
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
406
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
407
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
408
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
409
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
410
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
411
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
412
	(h)  LEVEL 8
413
	316.193(3)(c)3.a. 2nd DUI manslaughter.
414
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
415
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
416
	499.0051(7) 1st Forgery of prescription or legend drug labels.
417
	499.0052 1st Trafficking in contraband legend drugs.
418
	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
419
	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
420
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
421
	777.03(2)(a) 1st Accessory after the fact, capital felony.
422
	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
423
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
424
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
425
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
426
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
427
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
428
	800.04(4) 2nd Lewd or lascivious battery.
429
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
430
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
431
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
432
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
433
	812.13(2)(b) 1st Robbery with a weapon.
434
	812.135(2) 1st Home-invasion robbery.
435
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
436
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
437
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
438
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
439
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
440
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
441
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
442
	860.16 1st Aircraft piracy.
443
	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
444
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
445
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
446
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
447
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
448
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
449
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
450
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
451
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
452
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
453
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
454
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
455
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
456
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
457
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
458
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
459
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
460
	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
461
462	Section 3.  For the purpose of incorporating the amendment
463	to section 316.1935, Florida Statutes, in a reference thereto,
464	subsection (1) of section 318.17, Florida Statutes, is reenacted
465	to read:
466	318.17  Offenses excepted.--No provision of this chapter is
467	available to a person who is charged with any of the following
468	offenses:
469	(1)  Fleeing or attempting to elude a police officer, in
470	violation of s. 316.1935;
471	Section 4.  For the purpose of incorporating the amendment
472	to section 316.1935, Florida Statutes, in a reference thereto,
473	paragraph (d) of subsection (1) of section 322.61, Florida
474	Statutes, is reenacted to read:
475	322.61  Disqualification from operating a commercial motor
476	vehicle.--
477	(1)  A person who, within a 3-year period, is convicted of
478	two of the following serious traffic violations or any
479	combination thereof, arising in separate incidents committed in
480	a commercial motor vehicle shall, in addition to any other
481	applicable penalties, be disqualified from operating a
482	commercial motor vehicle for a period of 60 days:
483	(d)  Fleeing or attempting to elude a law enforcement
484	officer, as defined in s. 316.1935;
485	Section 5.  This act shall take effect July 1, 2004, and
486	shall apply to offenses committed on or after that date.

CODING: Words stricken are deletions; words underlined are additions.